Neil I Atwell: 88 MSHA citations controller
MSHA controller ID: C15377
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Email me when a new MSHA incident is filed at any mine Neil I Atwell controls.
- Fatalities
- 0
- Total incidents
- 0
- Mines on record
- 0
- Years on record
- —
Compliance record
MSHA citations since 2000
88
citations
34
significant & substantial
$56,764
proposed penalties
$36,579
paid to date
64% of proposed penalties paid to date, a $20,185 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2000
126
inspections on record
2,268
inspection hours
3.9
citations per 100 inspection hours
ⓘ
This rate is recorded citations divided by MSHA inspection hours, per 100 hours. It reflects inspection effort, not mine size or production.88 citations across 2,268 inspection hours.
Source: MSHA inspections data, updated weekly.
Penalty disposition
ⓘ
Differences between proposed and paid penalties reflect both settlements and conference reductions and amounts still owed. Outstanding is the balance currently owed.$57K
proposed penalties
$37K
current assessed
$37K
paid to date
$0
outstanding
88 assessments are final orders; 8 contested dockets.
Of $49K in penalties contested before the Commission, $29K was upheld in final decisions.
As of the most recent assessment on 2024-07-10.
Source: MSHA assessed-violations and conference/litigation data, updated weekly.
Violation severity profile
ⓘ
Shares are computed over citations that carry the MSHA gravity and negligence coding; a small share of records are uncoded.38.6%
significant & substantial
26.1%
high negligence or reckless
38.6%
reasonably likely or greater
34.1%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 14.8% low, 59.1% moderate, 26.1% high, 0.0% reckless.
Source: MSHA violations gravity and negligence coding, updated weekly.
Health sampling
ⓘ
A sample is a point in time compliance measurement, not an individual exposure history. These figures describe MSHA sampling records and do not establish causation or personal dose.Respirable coal dust
ⓘ
Respirable coal dust and silica figures cover coal facilities. Dust compliance is measured against the current 1.5 mg/m3 standard; samples predating the 2014 standard are included, so compliance rates are a coarse historical signal.
Last sampled: 2024-07-11
ⓘ
Respirable coal dust and silica figures cover coal facilities. Dust compliance is measured against the current 1.5 mg/m3 standard; samples predating the 2014 standard are included, so compliance rates are a coarse historical signal.100%
within 1.5 mg/m3
217
samples
1.19
dust max (mg/m3)
0
over MSHA ECV
ⓘ
The excessive concentration value (ECV) is MSHA's own per-sample enforcement threshold, which builds in measurement uncertainty; a sample over its ECV can trigger a citation. The count covers only samples MSHA assigned an ECV.167 samples taken by MSHA inspectors, 50 by the operator.
Most-sampled occupations
- BULLDOZER OPERATOR104
- BACKHOE OPERATOR45
- REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE38
Silica (quartz)
Last sampled: 2017-11-08, 8 years ago19.3
silica avg (%)
7
samples
31.7
silica max (%)
Most-sampled occupations
- BULLDOZER OPERATOR6
- BACKHOE OPERATOR1
Noise
ⓘ
The share counts noise samples whose measured dose exceeded the 90 dBA permissible exposure limit. It describes the sampled workplace, not what reached the miner's ear: hearing conservation programs and the hearing protection worn during the shift are recorded separately and are not reflected here.
Last sampled: 2024-02-06
ⓘ
The share counts noise samples whose measured dose exceeded the 90 dBA permissible exposure limit. It describes the sampled workplace, not what reached the miner's ear: hearing conservation programs and the hearing protection worn during the shift are recorded separately and are not reflected here.0%
over PEL
108
samples
Most-sampled occupations
- BULLDOZER OPERATOR38
- BACKHOE OPERATOR26
- REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE23
Metal and nonmetal contaminants (personal samples)
ⓘ
Many samples are screening measurements of substances with no applicable exposure limit; they are counted as samples but excluded from every over-limit figure. Over-limit shares use only limit-tested samples.
Last sampled: 2001-07-18, 25 years ago
ⓘ
Many samples are screening measurements of substances with no applicable exposure limit; they are counted as samples but excluded from every over-limit figure. Over-limit shares use only limit-tested samples.2
samples
0
limit-tested
Most sampled contaminants
- Respirable dust, <.1mg2
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly. Metal/nonmetal contaminant figures come from MSHA's Personal Health Samples and Area Samples files (public record), updated weekly.
When citations were contested
ⓘ
Contesting a citation before the Federal Mine Safety and Health Review Commission is a lawful right. These figures state the public outcomes of that process, from MSHA's Contested Violations file.
27
citations taken to the federal commission · 31% of citations on record
- Settled 27 · 100%
63%
S&S designation survived the contest
ⓘ
Counts a Significant & Substantial citation as surviving when a settlement or judge's decision kept the designation, or the contest was dismissed or defaulted so the citation stands as issued. Vacated and withdrawn citations, and settlements that removed the designation, count against.of 19 decided S&S contests · industry: 79%
42%
Penalty reduction in decided contests
$47K proposed, $28K after decisions · industry: 39%
Source: MSHA Contested Violations file (public record), updated weekly. A dismissed or defaulted contest leaves the citation standing as issued; a vacated or withdrawn citation is removed from the violation record. Latest contest filed 2010-03-01. Vacated and withdrawn citations are removed from the file this view attributes through, so that outcome is slightly undercounted here.
Contested penalties
ⓘ
A reduction or dismissal at the Commission is a lawful outcome of contesting a proposed penalty. Figures are the proposed amount and the amount upheld in the docket's decision.Largest penalties this controller contested before the Federal Mine Safety and Health Review Commission, with the outcome on record.
| Docket | Decision | Judge | Year | Proposed / upheld |
|---|---|---|---|---|
| PENN 2009-774 | Settlement | Lewis | 2011 | $20K → $14K |
| PENN 2009-5 | Settlement | Bulluck | 2010 | $18K → $9K |
| PENN 2010-334M | Settlement | Rae | 2011 | $4K → $2K |
| PENN 2009-826 | Settlement | Lewis | 2011 | $4K → $2K |
| PENN20030011M | Settlement | Barbour | 2003 | $2K → $2K |
| PENN 2010-102 | Settlement | Harner | 2011 | $499 → $325 |
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.
No reportable incidents on file.
MSHA has no recorded reportable accidents associated with this controller.
For insurers, brokers, and safety consultants
Where Neil I Atwell stands on silica, penalties, and injury rate
MSHA's standard limits respirable silica to 50 micrograms per cubic metre, but MSHA publishes dust and quartz as separate files and never the silica figure itself. We derive it per sample, score it against the limit, and set the operator's injury rate against a benchmark built from the full MSHA operator record. With the 26-year penalty trail, contest posture, and fatality history. Delivered as a PDF with the underlying data as CSV.
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